Most people probably think so, but the U.S. District Court, District of Colorado has now made it official: Recreational sex is a “major life activity” under Title I of the ADA.
The case involved a former letter carrier who resigned after being passed over for numerous promotions. The carrier sued the U.S. Postal Service for constructive discharge and disability discrimination, alleging that a back injury left him unable to perform two major life functions: working and having recreational sex.
The court found that the carrier was not substantially limited in the major life activity of working because he had gone on to find work performing activities that were beyond his alleged physical capabilities.
But the court did find that he was substantially limited in the major life activity of sex.
Major, yes, but is it relevant to a discrimination complaint? On that matter, the court found for the Postal Service, ruling that the carrier could not link his disability to any adverse employment action.
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